HEATHERLY v. STATE

No. COA06-770.

658 S.E.2d 11 (2008)

Charles HEATHERLY; Thomas Spampinato; W. Edward Goodall, Jr.; Paul Stam; Wake County Taxpayers Association; and The North Carolina Family Policy Council, Plaintiffs, Willis Williams; North Carolina Fair Share; and North Carolina Common Sense Foundation, Plaintiff-Intervenors, v. STATE of North Carolina; Charles A. Sanders, Bryan E. Beatty, Linda Carlisle, Robert A. Farris, Jr., John R. Mc-Arthur, Jim Woodward, and Robert W. Appleton, Members of the North Carolina Lottery Commission, in their official capacity; North Carolina Lottery Commission; Thomas N. Shaheen, Executive Director of the North Carolina Education Lottery, in his official capacity; Michael F. Easley, Governor of the State of North Carolina, in his official capacity; Richard H. Moore, Treasurer of the State of North Carolina, in his official capacity, Defendants.

Court of Appeals of North Carolina.

March 18, 2008.


Attorney(s) appearing for the Case

North Carolina Institute for Constitutional Law, by Robert F. Orr and Jeanette Doran Brooks, Raleigh, for plaintiffs-appellants, Charles Heatherly, Thomas Spampinato, W. Edward Goodall, Jr., Paul Stam, Wake County Taxpayers Association, and the North Carolina Family Policy Council.

North Carolina Justice Center, by Jack Holtzman, Raleigh, for plaintiff-intervenors-appellants, Willis Williams and the North Carolina Common Sense Foundation.

Attorney General Roy Cooper, by Special Deputy Attorneys General Norma S. Harrell and Ronald M. Marquette, for defendant-appellee, the State of North Carolina.

Maupin Taylor, P.A., by Charles B. Neely, Jr. and Kevin W. Benedict, Raleigh, for amicus curiae the Tax Foundation.


WYNN, Judge.

To pass constitutional muster, revenue bills must, inter alia, be "read three several times in each house of the General Assembly and passed three several readings, which readings shall have been on three different days."1 Here, Plaintiffs argue that the trial court erred in holding that the North Carolina Education Lottery Act is not a revenue bill and thus was not required to be enacted under the mandated constitutional...

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